Pavan @ Sopan Borkar v. The State Of Maharashtra

2024:BHC-AUG:27721 ABA 1032/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 ANTICIPATORY BAIL APPLICATION NO. 1032 OF 2024 PAVAN @ SOPAN BORKAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Ladda Somnath G. APP for Respondent/State : Mr. S.P. Sonpawale ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : November 27, 2024 PER COURT :- 1.

Heard learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is apprehending arrest in connection with Crime No. 291/2024 dated 7.6.2024 registered at Gangapur Police Station, Gangapur, District Aurangabad for the offences under sections 6(a), 6(b), 7(a) to (d), 8 to 13 of Seeds Act, under sections 3, 4, 8 & 18 of the Seed (Control Order, 1983, under sections 7 & 8 of Environment (Protection) Act, under sections 3 and 7 of Essential Commodities Act under sections 420, 406 r/w. 34 of IPC.

3.

In the instant case, the applicant has been made accused on the basis of statement made by the co-accused that the co-accused has purchased the commodity from the applicant. The raid was conducted at the different place i.e. at Gangapur, which is 30 k.m. away from Lasur, where the shop of the applicant is situated. This Court vide order dated 27.6.2024 has granted interim protection to the applicant. There is no recovery made at the instance of the applicant nor the applicant is found in possession of

ABA 1032/24 illegal seeds. In view of the same, there is no need for custodial investigation. In view of the above, I deem it appropriate to confirm the interim protection.

4.

In view of the above, the application is allowed and the interim protection granted by this Court vide order dated 27.6.2024 is confirmed on following terms :

i] The applicant shall attend the concerned police station as and when required.

ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case. iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

5.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 6.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

7.

The application stands disposed of.

( ARUN R. PEDNEKER, J. ) ssc/